Royal Commission second Report Part VII ( page 10)
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The Royal Commission Second Report -Part VII
VII.-INSPECTOR BROOK SMITH IN PURSUIT
The conduct of Inspector Brook Smith while in charge at this period cannot be too severely censured. The history of the expedition which started on the 6th November 1878 from Wangaratta to search the Warby Ranges discloses culpable negligence and incapacity on the part of Mr. Smith, who was the officer in command. In the first place, he failed to take the proper steps with a view to the verification of the rumor that, on the morning of the 3rd November, the gang had been observed riding under the One-mile Bridge , at Wangaratta, in the direction of the ranges. Two days were allowed to elapse before starting in pursuit. Then, when the unmistakable tracks of the outlaws were discovered and Kennedy's horse found, this officer deliberately disobeyed orders by returning with his party to quarters. The following morning, from sheer laziness, he kept his men waiting from 4 a.m. till 7. The next day they had to start without him. With no other apparent object than that of retarding the pursuit, he compelled his men to make unnecessary detours to follow up the tracks; he rode slowly, loitered in the rear, and altogether so conducted the affair that only one conclusion can be arrived at as regards his conduct, namely, that he was determined that his party should not overtake the outlaws. What renders his action all the more reprehensible is the fact that upon no occasion throughout the pursuit, from the murders at the Wombat to the final affray at Glenrowan, was there presented a more favourable prospect of capturing the gang.
Sergeant Steele was most blameworthy in this matter. If, as has been frequently urged, the men and more particularly the sub-officers were allowed to act upon their own discretion, upon the receipt of reliable intelligence, then surely it was the clear duty of Sergeant Steele, when informed by Constable Tuomy of the gang's appearance, to have immediately gone in pursuit. When the circumstance was communicated to him, he at once and rightly surmised that the men seen crossing the creek were the gang, and that they were guided by Steve Hart. The tracks were plainly discernible; he had a large body of armed troopers under his command, and was then actually engaged in the search for the outlaws; it was only men flying for their lives that would have attempted the passage of the creek at the time; the murderers and their horses were completely exhausted, owing to the journey to and from the Murray; so that, had this sub-officer acted with vigor and judgment on the occasion, he must have been instrumental in effecting the capture of the gang, and preventing the loss of life and the large expenditure of money which was subsequently incurred in bringing about the extermination of the gang. It would be unjust to lay down as a general principle that an inferior officer may be punished for the laches of his superior, but the circumstances of this case are exceptional. No one knew better than Sergeant Steele the personal peculiarities and unsuitability of Mr. Brook Smith for the work, and to have referred his informant to that officer was simply an attempt to evade responsibility. ......
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